Thiruvananthapuram: A high-level meet chaired by Kerala Chief Minister Pinarayi Vijayan has decided to reduce the penalties for seven traffic offences as per the Motor Vehicles (Amendment) Act, 2019. The traffic and law departments would take a decision on the exact amount of fine to be reduced after considering the law minister's opinion. These offences are those for which an upper limit on fines have been prescribed.
However, no decision has been made on slashing specific penalties prescribed for offences like not wearing seat belts and helmets. The state government would approach the centre over this again.
Transport Secretary and Transport Commissioner would decide on the exact reduction of fines and thereafter the legal department would take a call. Subsequently, the government would issue a new notification on the amendments made and subsequently the Motor Vehicles Department and the police would start levying the new fine. Cases that have been charged until then would be handed over to the court.
Meanwhile, the law secretary would consider the prospect of reducing fines for those traffic offences for which penalties between Rs 1,000 and Rs 10,000 have been envisaged.
Why centre's view sought
The law secretary has informed the high-level meet that the fine of Rs 1,000 for traffic offences can be brought down to Rs 500. This decision was arrived based on a Supreme Court verdict pronounced by Justice Arijit Pasayat in 2005. However, after it was pointed out that there would be no legal standing for the modifications made by the state government to the traffic fines passed by the Parliament and approved by the President, the meet decided to seek the opinion of the Centre again.
Though Union Minister for Road Transport & Highways Nitin Gadkari said that the state governments had the authority to lower the fines, no order was issued in this regard. The state government had also shot off a missive to the centre, seeking more clarity, but did not get any reply.
Minister A K Balan, A K Saseendran, Chief Secretary Tom Jose, Transport Principal Secretary K R Jyothilal, Transport Commissioner R Sreelekha, ADGPs Sheikh Darvesh Saheb and Manoj Abraham took part in the meet held on Saturday.
Seven fines to be cut
* Offences falling under the general category (Section 177 of the MV Act) and for which Rs 500 is the upper limit set by the new law. These include penalties that are not specified; lack of no pollution certificate for vehicle and non-functional indicator.
* Non-compliance of officers' orders (Section 179 (1)) for which the cap is Rs 2,000.
* Refusing to give information sought by authorities within the said time frame (Section 179 (2); upper limit is Rs 2,000.
* Bus conductors without licence: Rs 10,000 is the maximum fine.
* Use of mobile phones while driving: The current fine is minimum Rs 1,000 and maximum Rs 5,000. The government would check if the minimum rate could be lowered.
* Driving when physically or mentally unfit (Section 186); cap of Rs 1,000.
* Use of vehicles that create air or sound pollution (Section 190 (2)); Rs 10,000 max.
